Trial of Thomas O. Selfridge, attorney at law, before the Hon. Isaac Parker, Esquire: for killing Charles Austin, on the public exchange, in Boston, August 4th, 1806 (Google eBook)
Published by Russell and Cutler, Belcher and Armstrong, and Oliver and Monroe, 1807 - Trials (Murder) - 168 pages
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4th of August affray afterwards againft appear assailant assault attack authorities blood blow Branch Bank cafe called cane chance medley charge Charles Austin circumstances combat common law conversation Copp's Hill counsel Court crime danger death deceased defendant Defendant's defendendo deliberate Dexter Duncan Ingraham duty evidence excusable homicide fact faid Fales felf defence felony fhall fome ftate fuch gentlemen Gore Government Grand Jury hand heard himfelf honor indictment injury intention Isaac Parker Jury justice justifiable justifiable homicide Lemuel Shaw malice malice aforethought manner manslaughter Mawgridge Medford muft nature offence opinion Parker person pistol was discharged pistol was fired pocket principles prove provocation quarrel reason recollect retreat self-defence Selfridge Selfridge's shew side walk State-street stept street struck sudden testimony thefe thing tion told Townsend's trial unlawful violent weapon Welsh Witnefs witnesses young Austin
Page 28 - England, that no man is to be brought into jeopardy of his life more than once for the same offence.
Page 2 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Page 123 - ... for it may be so fierce as not to allow him to yield a step, without manifest danger of his life, or enormous bodily harm ; and then in his defence he may kill his assailant instantly. And this is the doctrine of universal justice, as well as of the municipal law.
Page 145 - Also in many cases where no malice is expressed, the law will imply it : as where a man wilfully poisons another, in such a deliberate act the law presumes malice, though no particular enmity can be proved. And if a man kills another suddenly, without any, or without a considerable provocation, the law implies malice ; for no person, unless of an abandoned heart, would be guilty of such an act upon a slight or no apparent cause.
Page 112 - Thus, if one shoots at A and misses him, but kills B, this is murder, because of the previous felonious intent, which the law transfers from one to the other.
Page 7 - Then the indictment was read, which set forth that the prisoner "not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 145 - But if the person so provoked had unfortunately killed the other by beating him in such a manner as showed only an intent to chastise and not to kill him, the law so far considers the provocation of contumelious behaviour as to adjudge it only manslaughter, and not murder.
Page 145 - ... malice. And, if two or more come together to do an unlawful act against the king's peace, of which the probable consequence might be bloodshed, as to beat a man, to commit a riot, or to rob a park : and one of them kills a man ; it is murder in them all, because of the unlawful act, the malitia prcecogitata or evil intended before-hand.
Page 115 - ... exhort him to overcome his prejudices, is like telling a blind man to see. He may be disposed to overcome them, and yet be unable because they are unknown to himself. When prejudice is once known, it is no longer prejudice, it becomes corruption ; but so long as it is not known, the possessor cherishes it without guilt ; he feels indignation for vice, and pays homage to virtue ; and yet does injustice. It is the apprehension that you may thus mistake, that you may call your prejudices principles,...